CA - Court upholds Menendez brothers' convictions

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  • #561
It is very difficult to get away from an abuser. Abusers manipulate and just because they were adults doesn’t make it any easier.
The brothers didn’t even have the understanding of their mother. I believe they have served enough time. Their innocent childhoods were taken away from them and all their adult lives in jail. They have been punished for their crimes.
Yes. We don't ask adult victims of domestic violence why they didn't "just leave", because that is blaming the victim.

Eric and Lyle looked like adults, but were emotionally children.

IMO Eric was being held captive. His father would not relinquish control. And his father was rich enough to chase him all over the world if he had to. Or use his influence to twist narratives of why Erik needed to stay home. Jose would not even let Erik see a psychiatrist unless they reported directly back to him what Eric had said.
 
  • #562
I know my opinion won't be popular but I don't believe these brothers. I also don't believe that they had no choice, out of urgent fear for their lives, but to kill their parents. I have watched all of the documentaries. I have watched all of the interviews with them. IMO these were and remain 2 very sharp and calculated murderers. Their hefty long spending spree following the murders speaks volumes to me. In the interviews I've seen of them, and them on the stand in court, I can't help but feel like they are really good actors. I feel like they planned these murders for quite some time before they carried them out. If they killed their parents because, in their hearts they felt it was justified because of years of alleged abuse, then why did they not just admit they did it? Why did they try to say it was probably the Mafia who did it? I don't know, I have just never had a good feeling about them and I've always found it incredibly creepy that they found women who would actually marry them in prison....one with a daughter, no less.

Over the years when people have asked them if they "just did it for the money" they respond by saying essentially that that's crazy, that they would have already inherited all of their parents' wealth. I disagree. Just because you're someone's child doesn't mean you would automatically be left their fortune. A wealthy parent can easily have a will drawn up clearly stating that nothing or little is left to their children, or they can leave it all to charity, or a family friend, etc.

What has prompted this sudden discussion about these 2 brothers recently? Is it only the Menudo dude alleging that he was SA'd by the Dad years ago?...or is there something more to it?
What prompted this? Geragos, some extended family, the Menudo dude (when did he first meet Geragos?), the undated cousin letter, self-defence argument, suggestion that pedophilia was a foreign concept in the 1990s, the rehabilitated murders, the argument that the trial would have a different result today if we only focus on the unsubstantiated abuse defence of the murders (ignore the money).

There's some debate about the date that the letter to the cousin was written. It is dated prior to the murders, but when was it written?

The cousin had the letter (apparently no associated envelope postmark) when he testified during the first trial, and he did not mention the letter. That led to speculation that the letter was given to the cousin at a later time to concoct the abuse alibi. That cousin died between then and now (suicide at age 30 ??).

There is no guarantee that children inherit their parent's wealth, but Lyle and Erik did inherit their parents wealth, and were due to receive a $5 million insurance payout for their father's death.

They were spending money before they received it - living on a line of credit with no inheritance or insurance money in the bank. They were denied the life insurance money. They claimed that they believed that they were written out of the Will, and that they did not know about the insurance policy ... but they spent $700,000 freely, expecting money from somewhere.
 
  • #563
Also, if family members of the brothers are claiming they suffered physical and sexual abuse as children, that they've been rehabilitated and deserve to be let out, why did these same family members never come forth during the boys' childhoods to report such abuse? So they all just stood silently by and said and did nothing? Reported nothing? I can't imagine having strong reason to believe that minor children family members are being horrifically abused like this and sitting back and keeping quiet about it. Also, how can it be said that they've been rehabilitated? How so? What kind of "rehabilitation" takes place in prison for cold-blooded murderers? Just because you're in prison for several decades that isn't synonymous with "rehabilitated." And if you let them out, then I guess you better let tons of other prisoners out who have served 3 or more decades and consider them "rehabilitated" as well, no?
Family members did speak to Jose about how he was raising his sons. Jose told them off, saying he could raise his children however he wanted. I believe this was after punching his 5-year-old in front of visiting family. Cousin Diane also immediately notified Kitty when one of the boys said Jose touched him inappropriately. Kitty responded as such:
“By her demeanor, I could tell that she was not believing any of this,” Vander Molen said. “And [she] went downstairs, and Lyle had already gotten into the bed next to mine, and she went ahead and yanked him by the arm and took him back upstairs and I never heard anything else about that.”
When asked why she has chosen to speak out for the first time in support of her cousins, Vander Molen said she wanted to defend them against the trial’s prosecutor’s claims that there had been no sexual abuse in the family.

Also adding: The possible re-sentencing is not a sudden, new discussion. Robert Rand watched both trials and interviewed many family members. He continued contact with the family members after the trials concluded and found a letter in 2018 where Erik wrote to a family member months before the murders, describing abuse by his father. Since then, a former member of Menudo also went public regarding Jose's sexual abuse. Both of these things have been instrumental in filing documents seeking new habeas corpus petitions.

“I was on deadline, about to finish my original book and she let me come to her house and go through a dresser full of Andy’s papers,” Rand told The Hollywood Reporter of his trip to the Menendez’s late cousin’s former home in 2018. “ And within 15 minutes, I found this letter, and I looked at it and I said, ‘Oh, my God, this could be really important to the case.’

 
  • #564
Also, if family members of the brothers are claiming they suffered physical and sexual abuse as children, that they've been rehabilitated and deserve to be let out, why did these same family members never come forth during the boys' childhoods to report such abuse? So they all just stood silently by and said and did nothing? Reported nothing? I can't imagine having strong reason to believe that minor children family members are being horrifically abused like this and sitting back and keeping quiet about it. Also, how can it be said that they've been rehabilitated? How so? What kind of "rehabilitation" takes place in prison for cold-blooded murderers? Just because you're in prison for several decades that isn't synonymous with "rehabilitated." And if you let them out, then I guess you better let tons of other prisoners out who have served 3 or more decades and consider them "rehabilitated" as well, no?
It's fishy. The argument seems to be that the murderers are rehabilitated, that they did commit an horrific murder, but 35 years in prison is long enough. I don't hear family agreeing with the murderers, only expressing an opinion that they don't agree with punitive sentencing of life in prison for multiple murders. Some family express strong opinions that if the men were abused as children, murdering their parents should have a mitigated sentence.

Geragos said that one of the brothers completed a prison Bachelor of Arts along with 22 other prison students. He describes that as rehabilitation. BA in what? What university? BA of Prison? How is that interpreted as rehabilitation from committing murder for personal benefit - whether to put their mother out of her misery, eliminate their father for unsubstantiated accusations, or get rich?
 
  • #565
It is very difficult to get away from an abuser. Abusers manipulate and just because they were adults doesn’t make it any easier.
The brothers didn’t even have the understanding of their mother. I believe they have served enough time. Their innocent childhoods were taken away from them and all their adult lives in jail. They have been punished for their crimes.
Rbm.

Regarding the bolded : Yes, it would indeed be ... for a child.
Would have to agree to disagree in the Menendez' brother's specific case.
Somewhat strongly, I might add.
These two men were free to drive anywhere, and also fully able to leave the situation they claimed was happening :


Two days before slaughtering José and Kitty, the brothers traveled to San Diego, where they used a fake ID to purchase the murder weapons.
The evidence shows clear premeditation and the brothers' deliberate actions, immediately after the slayings, to create an alibi and dispose of all incriminating evidence.

Oziel testified that Erik went into great detail: His father, he said, was a 'dominating', 'impossible to please' perfectionist. Kitty, he said, was collateral damage.
Confessing to the murder of their parents? Not an issue. Admitting serial sexual abuse as a mitigating factor?
Never came up.

Red emphasis mine.

The precedent being set if the Menendez brothers walk free, is that anyone claiming child abuse could, in theory, enact vigilante justice !
Why even bother to have the law and courts in the first place ?
Yes I meant that somewhat facetiously.

What if those being accused are innocent, though ?

That comes around full circle -- imo -- as the reason we have a justice system in the first place !
And everyone regardless of economic factors is afforded a defense atty.
Jose and Kitty deserved their day in court if they did anything the brothers have accused them of doing.

The most heinous part of this murder was that Kitty lived for a while, tried to crawl away, and, in Lyle's own words from above link :

"..... placed the muzzle against Kitty's cheek and pulled the trigger, leaving her unrecognizable.

As Lyle himself testified, 'I just reached over and shot her close.'..."
Rbm.
Smh.

Uttered the words so casually. :(


I'm doubtful they are really rehabilitated !
Omo.
 
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  • #566
Yes. We don't ask adult victims of domestic violence why they didn't "just leave", because that is blaming the victim.

Eric and Lyle looked like adults, but were emotionally children.

IMO Eric was being held captive. His father would not relinquish control. And his father was rich enough to chase him all over the world if he had to. Or use his influence to twist narratives of why Erik needed to stay home. Jose would not even let Erik see a psychiatrist unless they reported directly back to him what Eric had said
A year or so before he murdered his wealthy parents Erik, as a high school student, wrote a play about a young man who murdered his wealthy parents. The motive in the play was greed.

When he was arrested, Erik did not say that he murdered his parents due to sexual abuse, even though it was a topic on Oprah and in international news prior to the murders. He said he had to put his mother out of her misery because she drank alcohol and took sleeping pills. They killed their parents because she was depressed and wanted to die, and their father was domineering, according to their first statements. After meeting their female lawyer, they made sexual abuse allegations against their parents to potentially create a mitigating factor.

They present 'woke sexual abuse' as their only hope of escaping a life sentence for murdering their parents, but it is a flawed argument. Sexual abuse of boys by men was in the news in 1989, before the murderers shot their parents. Sexual abuse of boys by men was not a hidden topic in 1989, it was all over the news. 2024 woke is not seeing something new regarding societal norms and awareness of 1990. The allegations of justified-homicide and abuse are not believable. The imperfect-self-defence argument is imperfect, therefore not self-defence.

Would courts today hear the same evidence and conclude justifiable-homicide? That's what Geragos is asking. Justifiable homicide is allowed when the shooter is really angry with the victim about something that happened in the past. It's imperfect.

The murderers were not in danger, but they shot their parents 15 times. According to the defence, they didn't murder their wealthy parents for money; they didn't know about the money. They spent a lot of money immediately after the murders.

If they are not released for justifiable-homicide (oxymoron), then they should be released because they are rehabilitated. Unspecified prison BA.

If they're not released because they are rehabilitated, it's because the system does not allow for adults shooting their parents due to alleg

They're thriving with the prison population, they have a
 
  • #567
A year or so before he murdered his wealthy parents Erik, as a high school student, wrote a play about a young man who murdered his wealthy parents. The motive in the play was greed.

When he was arrested, Erik did not say that he murdered his parents due to sexual abuse, even though it was a topic on Oprah and in international news prior to the murders. He said he had to put his mother out of her misery because she drank alcohol and took sleeping pills. They killed their parents because she was depressed and wanted to die, and their father was domineering, according to their first statements. After meeting their female lawyer, they made sexual abuse allegations against their parents to potentially create a mitigating factor.

They present 'woke sexual abuse' as their only hope of escaping a life sentence for murdering their parents, but it is a flawed argument. Sexual abuse of boys by men was in the news in 1989, before the murderers shot their parents. Sexual abuse of boys by men was not a hidden topic in 1989, it was all over the news. 2024 woke is not seeing something new regarding societal norms and awareness of 1990. The allegations of justified-homicide and abuse are not believable. The imperfect-self-defence argument is imperfect, therefore not self-defence.

Would courts today hear the same evidence and conclude justifiable-homicide? That's what Geragos is asking. Justifiable homicide is allowed when the shooter is really angry with the victim about something that happened in the past. It's imperfect.

The murderers were not in danger, but they shot their parents 15 times. According to the defence, they didn't murder their wealthy parents for money; they didn't know about the money. They spent a lot of money immediately after the murders.

If they are not released for justifiable-homicide (oxymoron), then they should be released because they are rehabilitated. Unspecified prison BA.

If they're not released because they are rehabilitated, it's because the system does not allow for adults shooting their parents due to alleg

They're thriving with the prison population, they have a
The play was inadmissible in the trials because he wrote it with his friend Craig, who also reportedly had a not so great relationship with his own father. There is no evidence that Erik was the one who came up with the plot

ETA: You keep pointing out that sexual abuse of boys was not a hidden topic in 1989 and that they didn’t tell people earlier. Even if sexual abuse of boys was known in 1989, there was still a harmful stigma around the topic. Just look at how people mocked the brothers once they did reveal the abuse they suffered. And just because it was known, does not mean it was believed or taken seriously back then. Yes, it would have been great if they had told people earlier about the sexual abuse, but they were conditioned by their abusers to never tell and keep the family secrets hidden. They also likely had very complex feelings of denial and shame surrounding the abuse. A lot of victims don’t feel safe, comfortable, or ready to open up about the abuse they’ve suffered. In fact, some victims never share their stories
 
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  • #568
I'm doubtful they are really rehabilitated !
If I can ask, What would (if anything) lead you to believe that they were rehabilitated? are certain people permanently unredeemable? or are there some situations where redemption and rehabilitation are possible?
 
  • #569
Not trying to start an argument here but am honestly interested:

Why are attitudes toward Gary Plauche and the decision he made so different from attitudes toward the decision the Menendez brothers made?
 
  • #570

But not every family member feels the brothers should be released. Kathy Cady is a victim's rights attorney who represents Milton Andersen, the brother of Kitty Menendez.

"Mr. Andersen firmly believes that his nephews were not molested," Cady told Eyewitness News. "He believes that is a fabrication and he believes that the motive was pure greed."


I'm giving his statement credence, as Kitty's brother would know the family far better than most.

I am sorry he lost his younger sister in such a horrific manner !
Omo.



From the above link : Milton Andersen and Kitty Menendez :

Pic 1a.jpeg
 
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  • #571
The play was inadmissible in the trials because he wrote it with his friend Craig, who also reportedly had a not so great relationship with his own father. There is no evidence that Erik was the one who came up with the plot

ETA: You keep pointing out that sexual abuse of boys was not a hidden topic in 1989 and that they didn’t tell people earlier. Even if sexual abuse of boys was known in 1989, there was still a harmful stigma around the topic. Just look at how people mocked the brothers once they did reveal the abuse they suffered. And just because it was known, does not mean it was believed or taken seriously back then. Yes, it would have been great if they had told people earlier about the sexual abuse, but they were conditioned by their abusers to never tell and keep the family secrets hidden. They also likely had very complex feelings of denial and shame surrounding the abuse. A lot of victims don’t feel safe, comfortable, or ready to open up about the abuse they’ve suffered. In fact, some victims never share their stories
The Menendez murderers accused both parents of sexual assault long after the murders, and long after the arrests. They did not disclose the allegations to anyone, and the letter to the cousin was not mentioned during the cousin's trial testimony. If the murderers were mocked, it would be because their accusations against their parents came too late - appearing as a coached after-thought to mitigate the calculated brutal murders. The massive spending that started within days of the murders is the problem. That motive has evidence. The abuse motive has no substantive evidence.
 
  • #572
If I can ask, What would (if anything) lead you to believe that they were rehabilitated? are certain people permanently unredeemable? or are there some situations where redemption and rehabilitation are possible?

Based on the evidence at hand and up until now -- I do not believe they're rehabilitated and safe to live in normal society.
I.e., anyone they live with (if they're released), may have to keep an eye out !
At the very least, be careful not to do anything that could make them angry.

In this specific case, I do not believe either brother has shown true remorse.

Are they set to receive what's left of the inheritance if released ?
Idk.
Imo.
 
  • #573
If I can ask, What would (if anything) lead you to believe that they were rehabilitated? are certain people permanently unredeemable? or are there some situations where redemption and rehabilitation are possible?
I think the answer lies within the USA justice system. If the purpose of sentencing was rehabilitation, the death penalty would be abolished. Life sentences would be wiped off the books. Everyone would be viewed as redeemable after some years of rehabilitation in prison. Prisons would have tennis courts, a baseball diamond, and a small golf course (see William Head prison, BC Canada). Prisons would be safe places of learning with healthy food, abundant exercise, and strategic programs to re-introduce criminals to a civilized lifestyle.

That isn't how the USA justice system works. It is punitive with life and death sentencing.

During his announcement yesterday, Geragos said that one of the murderers was "rehabilitated" after completing a prison based Bachelor of Arts (along with 22 other prisoners). Geragos said that this achievement meant that the murderer is rehabilitated and, on that basis, both murderers should be released.

What kind of person shoots their mother 9 times, reloads, and then shoots her in the head? That sounds like a lot of anger, no compassion. Can an adult who does not feel compassion become compassionate after completing a prison-based BA? Doubtful.
 
  • #574
I think the answer lies within the USA justice system. If the purpose of sentencing was rehabilitation, the death penalty would be abolished. Life sentences would be wiped off the books. Everyone would be viewed as redeemable after some years of rehabilitation in prison. Prisons would have tennis courts, a baseball diamond, and a small golf course (see William Head prison, BC Canada). Prisons would be safe places of learning with healthy food, abundant exercise, and strategic programs to re-introduce criminals to a civilized lifestyle.

That isn't how the USA justice system works. It is punitive with life and death sentencing.

During his announcement yesterday, Geragos said that one of the murderers was "rehabilitated" after completing a prison based Bachelor of Arts (along with 22 other prisoners). Geragos said that this achievement meant that the murderer is rehabilitated and, on that basis, both murderers should be released.

What kind of person shoots their mother 9 times, reloads, and then shoots her in the head? That sounds like a lot of anger, no compassion. Can an adult who does not feel compassion become compassionate after completing a prison-based BA? Doubtful.
I honestly don’t know - personally I’m very doubtful that a degree or program in the justice system ever could “prove” or “demonstrate” rehabilitation- however in my personal experience with traumatized youthful offenders- their ACE (adverse childhood experiences) scores are disproportionately high compared to non offenders and that a single event (or series of events leading to a significant violent act and or majorly incomprehensible actions- shooting one’s parents, needing to reload, horrific crime scene ect..) are not as always cut and dry as they seem

I personally have not followed this case extremely close over the years.., and I do not have a clear opinion on if they have or have not served enough time or have or have not been actually rehabilitated and society would be safe with them in general population in the outside world-

I was more asking, what would the bar look like for OP or anyone to say that someone had been rehabilitated and or shown true remorse…

I don’t know if these brothers were abused- or if they are rehabilitated- I do believe, from my experience that rehabilitation is possible and that trauma and abuse do impact development and executive functioning and trauma kids function differently and develop differently that kids without trauma- in my opinion-

I don’t know if that has any bearing on this particular case- I was curious what evidence of remorse and rehabilitation might look like to satisfy a person who has decided that it had not occurred in this case- moo
 
  • #575
I wonder whether Geragos misspoke when he said that one of the murderers had completed a Bachelor of Arts degree. This article, also mentioning 22 students in October 2023, states that the inmates completed an associates degree.


I'm unfamiliar with an associates degree, but it sounds like it is coursework that prepares inmates to pursue a bachelor degree.

 
  • #576
If I can ask, What would (if anything) lead you to believe that they were rehabilitated? are certain people permanently unredeemable? or are there some situations where redemption and rehabilitation are possible?

I know you didn't ask me the question but I'd like to share my own opinion if that's okay. I don't understand HOW a murdered could be rehabilitated in prison. It's not like they're going to receive years of psychotherapy in the pen. I would think that in order to POSSIBLY be rehabilitated from brutally gunning down your parents, you'd need extensive therapy to really dig down deep and understand why you did it, and a very genuine sense of true remorse. Not remorse that you got caught, but remorse for murdering your own Mom and Dad. But another question, what does Rehabilitation in this situation with the Menendez brothers even really mean? What would rehabilitation even look like? How does anyone even determine if someone has been rehabilitated? What are the criteria with which to measure/determine that? You only get one set of parents in life, if you murder them, it's not like anyone can say you're rehabilitated and not at risk to murder more parents.

And frankly, Lyle getting his Bachelor of Arts degree, IMO, is a joke. What a waste of taxpayer dollars. If someone has a life sentence with no chance of parole, what do they need a Degree for if they're never going to get out of prison and put that degree to use? That makes me angry. So many young people bust their butts to help pay for college, work full time and attend, rack up student debt....that takes them years to pay off......but you can kill your parents, go to prison and get a free Degree?
 
  • #577
I know you didn't ask me the question but I'd like to share my own opinion if that's okay. I don't understand HOW a murdered could be rehabilitated in prison. It's not like they're going to receive years of psychotherapy in the pen. I would think that in order to POSSIBLY be rehabilitated from brutally gunning down your parents, you'd need extensive therapy to really dig down deep and understand why you did it, and a very genuine sense of true remorse. Not remorse that you got caught, but remorse for murdering your own Mom and Dad. But another question, what does Rehabilitation in this situation with the Menendez brothers even really mean? What would rehabilitation even look like? How does anyone even determine if someone has been rehabilitated? What are the criteria with which to measure/determine that? You only get one set of parents in life, if you murder them, it's not like anyone can say you're rehabilitated and not at risk to murder more parents.

And frankly, Lyle getting his Bachelor of Arts degree, IMO, is a joke. What a waste of taxpayer dollars. If someone has a life sentence with no chance of parole, what do they need a Degree for if they're never going to get out of prison and put that degree to use? That makes me angry. So many young people bust their butts to help pay for college, work full time and attend, rack up student debt....that takes them years to pay off......but you can kill your parents, go to prison and get a free Degree?
Thank you for your thoughtful and honest response- I don’t know what your experience is with youthful offenders and or the juvenile justice system/ or adult offenders in the system are, but I can share mine and perhaps provide insight into my question-

I hate crime, SA, murder, and violence in general and for selfish gain in particular- which I think most probably would- not trying to be trivial- and having lived in Tallahassee during Bundy’s chi omega rampage and knowing his public defenders as a youth, neither I nor my friends were faulted for being late to school the day he was executed because there was a sense of needing to know that the evil was gone … I can’t say that I would encourage my kids to feel and do as I did, but I for sure understand how I felt after the murders happened in my city, the horror of the trials, learning what the purpose of a public defender was, and in my high school mind feeling justice was served-

To be unequivocally clear- I think that there are some people that cannot be safely integrated back into society and that rehabilitation is not an option…

Fast forward several decades and I’m fostering delinquent youth and learning about the juvenile justice system and ultimately the adult justice system- since my teen boys aged out and kept making poor choices and ended up incarcerated for increasingly violent crimes and I have come to know other incarcerated adults who have come from inconceivable backgrounds

I’ve also come to understand that the majority of incarcerated adults will be released back into society- and the question becomes what we as a community want to do about that- if they are going to reenter the community- how can we best help, train, educate, provide therapy and services, and post release support to help those being released into the community be helpful members of society and reduce recidivism-

LWOP is a minority of cases, so offering services and education and reentry help, might in the long run be best for the community-

In this particular case I do not know what is true or right- I don’t have enough details- but I was curious as to what it might take in any given case for someone to entertain the possibility of rehabilitation-

All my opinions and thank you for sharing your honest thoughts and feelings on the matter
 
  • #578
and the letter to the cousin was not mentioned during the cousin's trial testimony.
The cousin himself testified, yes. During his testimony he included many more details than the letter itself alluded to.
He may not have remembered saving the letter at the time of testimony. It was found in his belongings after his death.
If the murderers were mocked, it would be because their accusations against their parents came too late - appearing as a coached after-thought to mitigate the calculated brutal murders.
But sexual molestation was mentioned on day one of the first trial by Lyle's attorney. That doesn't seem too late to me?
 
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  • #579
I blame it all on the rain.

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  • #580
Yes. We don't ask adult victims of domestic violence why they didn't "just leave", because that is blaming the victim.

Eric and Lyle looked like adults, but were emotionally children.

IMO Eric was being held captive. His father would not relinquish control. And his father was rich enough to chase him all over the world if he had to. Or use his influence to twist narratives of why Erik needed to stay home. Jose would not even let Erik see a psychiatrist unless they reported directly back to him what Eric had said.
I’ve been a victim of domestic abuse. I was an adult but couldn’t just up and leave. I was manipulated and coerced. The mendendez brothers were abused from the age of 6? Their innocence was taken and what they did may have been brewing for years. Of course killing is not being condoned by me but I can assure people that it isn’t as easy as just leaving.
 
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